Hong Kong Conflict of Laws Term Paper Example | Topics and Well Written Essays - 1250 words

Hong Kong Conflict of Laws - Term Paper Example This principle was also applied by Bingham J in the case of The Iran Vojdan, where a clause for dispute settlement provided for (a) Iranian law in Iran (b) German law in Hamburg and (c) English law in London. But applying the principle of the closest and most real connection, Lord Bingham held that the proper law to apply would be German law with the proper jurisdiction being the English Courts. Various factors are taken into consideration by the Courts in arriving at a determination of the proper law on the basis of the closest and most real connection, including the place of contracting, the place where the contractual obligations were performed and the principal places of business of the parties4. The application of the closest and most real principle is found under Hong Kong’s choice of law rules with respect to contractual obligations and has also been recommended as a guiding principle when courts experience characterization problems. This principle has also been applied in non-contractual issues, for instance in matters involving capacity, matrimonial issues, including divorce and division of matrimonial assets, trusts and property cases5. One example, is the case of Hayim v Citibank6 which was an appeal from Hong Kong involving issues of trust with Plaintiff’s will having been made in Hong Kong. But the matter was decided under English law, which was held to satisfy the closest and most real principle because no evidence was led as to Hong Kong or American law. There is provision for application of this principle in the law of mainland China as well, under Article 126 of contract law provisions, which states; â€Å"Where parties to the foreign related contract failed to select the applicable law, the contract shall be governed by the law of the country with the closest connection thereto†7. When no

Criminalology Essay Example | Topics and Well Written Essays - 500 words

Criminalology - Essay Example Institutional violence is a chaotic incidence that results in physical or mental injuries. In this case, the violence culminates into suffering, loss and body harm. There are five main types of institutional violence. Intrapersonal violence occurs when a person decides to harm himself /herself. In this case, the occurrence is referred to as suicide or self mutilation. People commit suicide through poisoning, hanging or drowning among other forms of suicide. Interpersonal violence takes place between two persons. In this case, a person causes body harm to another one in cases such as rape, sexual assault and psychological attach among others. Gang violence is usually perpetrated by a group of organized criminals or a gang. In this case, the gang organizes attack on a person or a group of persons. The gang is usually formally organized or loosely attached to each other to commit a crime. Organized attack is perpetrated by a group of well organized attackers to the prison staff. Lastly, institutional violence is the attack done by the prison staff to the offender. In this case, the prisoners are sexually, emotionally and sexually attacked by the prison wardens. The rehabilitation program must have clear and concise objectives. In this case, objectives to be achieved must be clearly stipulated and communicated to both the facilitator and the prisoners. At the beginning of the rehabilitation classes, the facilitator should take sufficient time to explain to the prisoners the specific steps that they need to have achieved by the end of a specified period. In this case, the goals need to be reasonably figural to help the learner realize how much they have achieved and how much is yet to be done. In addition, these goals require to be based on clear theories or concepts. As such, the goals must be drawn for extensive research conducted by reputable

Role of Women in the Military Essay Example | Topics and Well Written Essays - 750 words

Role of Women in the Military - Essay Example During the First World War, many women served in the military as nurses and also offered other assigned support roles to the armies of various nations. However, the only nation that was acknowledged for using a large number of female fighter troops was Russia (Stone 155). One of the most famous martial camps was Cossack regiment, front-line light cavalry under the leadership of a woman. Maria Bochkareva, another famous and astounding female figure in the military, worked her way out to one of the most crucial military ranks as a senior NCO. Bochkareva was given the mandate to command the first unit in 1917 following the establishment of â€Å"Women’s Battalions† by the interim government (Stone 154-58). The women were expected to propagate war propaganda, which they never did well leading to their disbandment. Nonetheless, the women fought their war well, albeit propaganda delivery failed. Bochkareva would later recruit women infantry in Russian Civil War. The role play ed by women in both civil war and World War I still remains conspicuous and cannot be ignored. The Second World War occurred on global unprecedented scale, which created the necessity to mobilize the entire society to join war. This increased the chances of women participation in the military and they became important and indispensable part of national armies. During World War II, some women took to nursing roles while many others were engaged in clerical and support roles. In 1938, Britain created military roles for women besides a small group of women who had been serving in the British military as nurses. By 1941, many British women were enrolled in the army affiliate, Auxiliary Territorial Service (ATS) and later approved military status (Martel 253). Martel argues that â€Å"The National Service Act of December 1941 drafted 125,000 women into the military over the next three years while 430,000 more

Government Agency Essay Example | Topics and Well Written Essays - 250 words - 1

Government Agency - Essay Example They are supposed to help each other especially in the absence of the other person since he is the nearest one in the area. One post man was sick for one week so he was not able to deliver the mails. While the other knows it, he deliberately did not finish he tasks of the other post man, leaving some mails undelivered. Upon the return of the sick postman, he discovered that not all mails were delivered and some of them are urgent. It has caused the conflict between the two postmen so that the Postmaster had to intervene. As a judicial authority, the Postmaster has pushed for a truce between the two postmen, giving a proper sanction to the one who failed to deliver the mail such as asking him to deliver the remaining mails, while helping the sick post man to deliver the recent mails. The Postmaster has also created a rule that the postman at the adjacent county should be responsible for all the letters left by a sick postman-partner so that he is liable for any loss or

Home Depot case study for Strategic management for mba class

Home Depot for Strategic management for mba class - Case Study Example Switching costs were low in this industry and this situation assisted consumers to change their retailers easily. In addition, the industry faced threat of substitutes because many products had close substitutes available. In 2006, buyers’ bargaining power was high as they had different market options and good understanding of various brand choices. In contrast, supplier power was low as majority of the retail players received suppliers from a large number of distinct vendors. Need of high initial capital investment eliminated the threat of new entrants to some extent at that time. The home improvement industry underwent tremendous changes over the next six years. Degree of rivalry got intensified because the price factor became paramount. As compared to 2006, threat of substitutes became higher in 2011 mainly because of the innovation and development of improved substitute products. By 2011, the industry adapted to a competitive pricing strategy and this situation added furth er value to buyer bargaining power. Naturally, suppliers were also forced to provide material to retailers at minimum cost; hence, supplier power further declined in 2011. Similarly, threat of new entrants also reduced to a considerable extent because new entrants found it difficult to confront with huge players like Wal-Mart. 2. While analyzing the market environment of the Home Depot for the year 2006, brand awareness seems to be the most competitive strength of the company. The Home Depot was the world’s largest home improvement retailer during that time, and this dominance boosted its brand awareness. Increased utilization of rapid deployment centers also added to the strength of the company as this strategy contributed to the efficient supply chain operations. In addition, the organization’s simple and distinct business model has entirely changed the way consumers shop home improvement

Conflict management (case) Case Study Example | Topics and Well Written Essays - 750 words

Conflict management ( ) - Case Study Example Morris was the initiator of PFM, and since he was in Paris, he should have asked his French counterparts to be part of the project. This project was the one based on rearranging the present social network to be more French-like. Not inviting them was thus aggravating the conflict. The main issue was keeping significant information from the French who learned of this project through another source. In addition, Morris should have been present during the merger which was about to happen between Voila and America’s rival, Jardin (Osland et al, 2007). He should have been there to encourage and guide his team who were facing employment issues. There needed to be collaboration between Morris and his fellow team members: Drummond, and Hanover (Osland et al, 2007). He personally appointed them, so he was supposed to be physically present in Paris. This would in turn lead to a very close relationship between these leaders. As a result, communication, ideas and decision-making elements would be discussed between them; Cooperation between them would have avoided the conflict. In fact, maybe they would have to agree and arrive at common ground of applying the principles of both PFM and Nourriture Excellent (Osland et al, 2007). The conflict revolved between the two projects, with each side trying to kill the opponent’s side project (Osland et al, 2007). ... Full collaboration was required based on the fact that careers depended on it. Each party needed to recognize the role they played in the video conference break down and acknowledge the fact that each would take full responsibility of what they did. Another thing, which contributed to the conflict was the team members in Paris refused to acknowledge Drummond as a real team member (Osland et al, 2007). This was largely her fault because she did a lot of work, which did not involve the French. Drummond should have understood the meaning of the team and involve the Paris team. At the end of the day, they would not have felt left out in significant matters, and they would have involved her in the meetings she requested to be part. Being added to the investigative team sounded ridiculous to the French because at the time Voila members were not given any responsibilities. According to Osland et al (2007), Voila was never prepared to accept PFM. They showed this through their actions. Morri s and his American counterparts should have accepted this fact instead of trying to force the idea on them. This was based on the fact that the business idea would yield very good results. They should have known that the French could never accept any radical ideas no matter how good the results would be. Well, Hanover was able to realize this, and no wonder he was able to form an explanation of what happened, why it happened and finally the role each person played in the conflict (Osland et al, 2007). He should have gone a step ahead and state ideas of resolving the issue at hand and even apologize to voila company. However, it is ironical that even during the conflict period, business results from both parties were positive. In fact, it

Infant-Toddler Environment Rating Scale (ITERS-R) Assignment Essay

Infant-Toddler Environment Rating Scale (ITERS-R) Assignment - Essay Example The scale of space and furnishings, personal daily care and routine, listening and talking, activities, interaction, program structure and parents and staff are seven aspects to be evaluated in this study. According to the scale, it observes children in a kindergarten. Through improving the quality of the learning environment, education programs for children with special needs in a regular class are better implemented. I first arrived at Kidango Decoto Center, a child care facility for toddlers, located at Union City. The head-teachers and supervisors name of the center is called Catalina Garcia. I observed a classroom, which the age range is between eighteen months old and three years old, and the center has four teachers and sixteen children. This observation lasted about three hours in the morning, from 9:00 am up until 12:00 pm. On this morning, my observation was specifically to use the infant-toddler environment rating scale to assist in my evaluation. Students were arriving in the classroom at around 8:30 am, and they were offered breakfast. After the breakfast around 9:15 am, all the students got in their respective the classrooms. They were engaging in free play time where there were prepared games, crafts and interacted with their teachers and classmates. I was seated in the classrooms corner, where the children could not easily see me, and this observation needed not to be distracted by my presence in the classroom. Childhood is a curious, imaginative, energetic, adventurous age. Therefore, health and safety is the primary factor, in the kindergarten classroom environment settings. Secondly, the class should give the children, the same feeling as home. Let the children feel that they are here to master thoroughly. By setting the environment, teachers should ask themselves, what valuable things they want to pass to the children. They should also